Statement of the State's Attorney Concerning Stamford Fatal Fire

June 08, 2012

Statement of the State's Attorney for the Judicial District of Stamford-Norwalk Concerning the Fatal Fire on December 25, 2011, at 2267 Shippan Avenue, Stamford

INTRODUCTION

On December 25, 2011, a fire at 2267 Shippan Avenue, Stamford, resulted in the deaths of Lomer Johnson, Pauline Johnson, Lily Badger, Sarah Badger and Grace Badger. Two people present in the house at the time of the fire, Madonna Badger and Michael Borcina, were able to escape and survived.

As the chief law enforcement officer of this judicial district, it is my duty to determine whether any criminal charges should be brought as a result of this tragic event. It is a responsibility not undertaken lightly, as the horrific nature of the results of this fire require a thorough examination of this event in all its aspects.

In that regard, I have relied upon the investigations conducted by the Stamford Fire Department, and the Stamford Police Department, including all their reports, and interviews. I have reviewed photographic evidence, seized evidence and autopsy reports. Additionally, I have met personally with Matthew Badger, father of Lily, Sarah and Grace together with his attorney, and reviewed materials that they provided to me. I also met personally with counsel for Madonna Badger who also requested that I explore certain avenues of investigation, which I did. Further investigation was conducted at my request by Stamford PD.

This is not a decision made easily or lightly. In a tragedy of this magnitude, it is understandable that both the people affected by it personally and the public at large need to find that someone is responsible, that it is not just a senseless accident. However, my determination must be based solely on whether there is sufficient evidence to hold someone criminally responsible. In this task, I have been assisted by the staff of my office, specifically Supervisory Assistant State’s Attorney James Bernardi and Senior Assistant State’s Attorney Maureen Ornousky. Their review of the materials and wise counsel has been of immense help.

NIGHT OF THE FIRE

The first part of this examination focused on the events of December 24 and 25 at the house, specifically the immediate origin and cause of the fire. This was investigated by the Stamford Fire Marshall, based on a physical examination of the building, and reports by neighbors, responding fire fighters and the survivors, Mrs. Badger and Mr. Borcina. A “V” burn pattern was found at the extreme northwest corner of the house near the rear porch enclosure. The only area of the basement showing any sign of fire damage was the ceiling area in the northwest corner, directly below the rear entryway to the house from the so-called “mud room”. Additionally, examination of the electrical service in the basement ruled out any electrical malfunction as being the cause of the fire. It would appear, therefore, that the fire originated in the “mud room” located at the northwest corner of the first floor. Most likely it was caused by the disposal of fire place ash at that location. (Other theories have been proposed such as an electrical fault where the electric lines enter the house or defective electric or gas meters.) Regrettably, the structure was demolished before the State Fire Marshall’s Office or any other expert could make an independent examination and determination. Thus, other theories, however unlikely, cannot be definitively rebutted.

It is clear that a fire had been lit in the fireplace at the home sometime in the afternoon of December 24, and maintained throughout the day and early evening until approximately 8:00 p.m. when it was decided not to add any further wood. During the course of the rest of the night Mr. and Mrs. Johnson and the three Badger children retired, after which Mrs. Badger and Mr. Borcina went to the garage to wrap presents. They returned to the house at approximately 3:30 a.m. At that time, Mr. Borcina cleaned out the fireplace, shoveling the ash into a paper bag. He says that he then smoothed out the ashes in the bag with his hand. This was confirmed by Mrs. Badger, who stated that this allayed any concern that she might have had that there were live embers present. The bag was placed in a plastic storage box which was then placed just inside the exterior door in the mud room, the point of origin of the fire. Badger and Borcina retired separately at about 4:00 a.m. The fire was reported at 4:41 a.m.